State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs License Number 1619648 BURGER KING R dent License Type 2010 esponden Case Number 2011036936 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against BURGER KING, (“Respondent”), and says 1 Petitroner is the state agency charged with regulating the operation of public lodging establishments and public foad service establishments, pursuant to Section 20 165 and Chapter 509, Florida Statutes 2 Respondent is, and has been at all times matenial hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants The respondent's business address of record is 1303 S MILITARY TRL, DEERFIELD BEACH, FLORIDA 33442 The mailing address of record is BURGER KING, at 1101 S ROGERS CIRCLE, SUITE 10 , BOCA RATON, FLORIDA 33487 3 Inspection of this establishment conducted pursuant to Sec 509 032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment The violation(s) found and applicable law are described in Exhibit "A," attached hereto and incorporated herein by reference Inspection documents are attached as Exhibit “B”, incorporated herein by reference WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto Signed July 27, 2011 a Ken Buck, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Marc Drexler, Lead Attorney Florida Bar No 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of ,2011 ee Received by Inspector's Signature Operator's Signature Title Title Case Number 2011036936 File Number 106479 District Number 02 License Number 1649648 2010 Form revised 02 02 11 BURGER KING Filed April 13, 2012 1:04 PM Division of Administrative Hearings Exhibit A License Number 1619648 License Type 2010 PERMANENT FOOD SERVICE Case Number 2011036936 “FC” as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code “NFPA’ as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1 004(5), Florida Administrative Code “*" denotes a critical violation \tis alleged that on June 8, 2011, June 9, 2011 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Diviston of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit 8 * 4 20A-09-1 4-501 114(A) FC MANUAL AND MECHANICAL WAREWASHING EQUIPMENT, CHEMICAL SANITIZATION - TEMPERATURE, PH, CONCENTRATION, AND HARDNESS A CHEMICAL SANITIZER USED IN A SANITIZING SOLUTION FOR A MANUAL OR MECHANICAL OPERATION AT EXPOSURE TIMES SPECIFIED UNDER PARAGRAPH 4-703 11(C) SHALL BE LISTED IN 21 CFR 178 1010 SANITIZING SOLUTIONS, SHALL BE USED IN ACCORDANCE WITH THE EPA-APPROVED MANUFACTURER'S LABEL USE INSTRUCTIONS, AND SHALL BE USED AS FOLLOWS (A) A CHLORINE SOLUTION SHALL HAVE A MINIMUM TEMPERATURE BASED ON THE CONCENTRATION AND PH OF THE SOLUTION AS LISTED IN THE FOLLOWING CHART [SUMMARIZED AS FOLLOWS MINIMUM CONCENTRATION 25 MGIL AT 120 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS, 50 MG/L AT 100 DEGREES FAHRENHEIT WATER TEMPERATURE (PH 10 OR LESS) OR 75 DEGREES FAHRENHEIT (PH 8 OR LESS), 100 MG/L AT 55 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS } OBSERVED CHLORINE SANITIZER NOT AT PROPER MINIMUM STRENGTH FOR MANUAL WAREWASHING; GREATER THAN 200 PPM. Case Number 2011036936 File Number 106479 District Number 02 License Number 1619648 2010 Form revised 02 02 11 BURGER KING

Docket for Case No: 12-001276